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1996 DIGILAW 850 (MP)

Mukesh @ Mubarik Sheikh v. Neelophar W/O Mukesh

1996-09-23

J.G.CHITRE

body1996
ORDER J.G. Chitre, J. 1. Heard Shri A. H. Khan, learned counsel with Shri Sanjay Sharma, counsel for applicant. Shri S. A. Mev, counsel for Opponent No. 1. Shri S. H. Sen, Dy. G. A. for State. The evidence has been examined. This revision petition has been admitted only on the point of quantum of alimony. Shri Khan, submitted that the applicant is saddled with responsibility of maintaining his second wife and the children begotten from her. He pointed that the petitioner is getting salary of Rs. 1,173/- per month as muster clerk in Municipal Corporation, Indore. It is his argument that in view of this meagre amount of income, it is not possible for applicant to pay alimony of Rs. 500/- to opponent No. 1. At this juncture Shri Khan invited attention of this court to the observations made by the trial Court in respect of income of the applicant. 2. Shri S. A. Mev, learned counsel appearing for opponent No. 1 pointed that it has come in the evidence of petitioner himself that his house was constructed before marriage. He further pointed that it has come in the evidence of Mohan, the witness examined by the petitioner that Mohan was the tenant in the house of petitioner Mukesh and he was paying rental of Rs. 400/- per month. He further pointed that the evidence of Mohan also shows that another tenement was also given on rent to other tenant. It is the argument of Shri Mev that thus, the petitioner is having income more than Rs. 1,500/- per month. Shri Mev further argued that the petitioner is having the luxury of marrying second wife. Therefore, he cannot shirk out the responsibility of maintaining his first wife-opponent No. 1 Neelophar. It is his argument that the alimony of Rs. 500/- which has been granted in favour of opponent No. 1 is very much correct, proper and legal and there is no need of modifying or reducing it. Shri S. H. Sen, Dy.G.A. for the State submitted that appropriate order be passed keeping in view the evidence on record. 3. I find substance in the submissions made on behalf of opponent No. 1 by Shri Mev. After examining the evidence on record, it is pertinent to note that the petitioner is getting income more than Rs. 1,500/- per month. The petitioner has remarried. 3. I find substance in the submissions made on behalf of opponent No. 1 by Shri Mev. After examining the evidence on record, it is pertinent to note that the petitioner is getting income more than Rs. 1,500/- per month. The petitioner has remarried. The petitioner may get children from the wedlock with his second wife; but that is no ground for reducing the alimony which opponent No. 2 his first wife is entitled to receive under section 125 of Criminal Procedure Code, 1973. 4. These days are the days of escalating prices on account of inflation. The prices are rising day-by-day. A discarded wife cannot be thrown on the streets searching for sanctuary, at the cost of risking her soul arm virtues. The opponent No. 1 is a young woman and her requirement may not be restricted to only food and shelter. She may be needing some money for her dresses and cosmetics in view of her age and the society in which' she is residing. She needs sufficient amount as alimony for maintaining herself with proper dignity of womanhood. The learned courts below have not considered this important aspect of the human life. A person who can afford to remarry, has to provide alimony to his discarded wife, permissible under law and befitting her requirement. 5. Thus, I do not find any need of modifying or reducing the order passed in favour of opponent No. 1. Thus this revision petition stands dismissed. The stay granted by this court to execution of order, stands vacated. 6. The petitioner has already deposited Rs. 10,000 in respect of arrears of alimony. The opponent No. 1 is permitted to withdraw that amount. In view of that the petitioner is permitted to clear all arrears of alimony by paying Rs. 250/- (two hundred fifty) in addition to payment of monthly alimony of Rs. 500/- (five hundred) per month from the 1st of December, 1996. C. C. on payment.